2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 1. COMBINATIONS IN RESTRAINT OF TRADE CHAPTER 1. CONTRACTS TO PREVENT COMPETITION
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IC 24
TITLE 24. TRADE REGULATION
IC 24-1
ARTICLE 1. COMBINATIONS IN RESTRAINT OF
TRADE
IC 24-1-1
Chapter 1. Contracts to Prevent Competition
IC 24-1-1-1
Contracts against public policy; null and void contracts
Sec. 1. From and after April 14, 1897, all arrangements, contracts,
agreements, trusts or combinations between persons or corporations
who control the output of any article of merchandise, made with a
view to lessen, or which tend to lessen, full and free competition in
the importation or sale of articles imported into this state, and all
arrangements, contracts, agreements, trusts, or combinations between
persons or corporations who control the output of said article of
merchandise, designed, or which tend to advance, reduce, or control
the price or the cost to the producer or to the consumer of any such
product or article, are hereby declared to be against public policy,
unlawful, and void.
(Formerly: Acts 1897, c.104, s.1.) As amended by P.L.152-1986,
SEC.1.
IC 24-1-1-2
Violation of chapter; domestic corporations; forfeiture of charter
and franchise; foreign corporations; prohibition
Sec. 2. Any corporation, chartered under the laws of this state,
which shall violate any of the provisions of this chapter shall thereby
forfeit its charter and its franchise, and its corporate existence shall
thereupon cease and determine. Every foreign corporation which
shall violate any of the provisions of this chapter is hereby denied the
right to do and is prohibited from doing business in this state. It is
hereby made the duty of the attorney general of the state to enforce
this section by due process of law.
(Formerly: Acts 1897, c.104, s.2.) As amended by P.L.152-1986,
SEC.2.
IC 24-1-1-3
Offense
Sec. 3. A person who knowingly violates this chapter commits a
Level 5 felony.
(Formerly: Acts 1897, c.104, s.3.) As amended by Acts 1978, P.L.2,
SEC.2401; P.L.158-2013, SEC.269.
Indiana Code 2016
IC 24-1-1-4
Persons affected by chapter; exception
Sec. 4. The persons designed by this chapter to be affected by this
chapter are those who own, control, or manufacture the output of any
particular article of merchandise mentioned in this chapter; provided,
however, that the provisions of this chapter shall not apply to
agricultural products or livestock while in the possession of the
producer or raiser.
(Formerly: Acts 1897, c.104, s.4.) As amended by P.L.152-1986,
SEC.3.
IC 24-1-1-5
Civil suit for damages
Sec. 5. Any person or persons or corporations that may be injured
or damaged by any such arrangement, contract, agreement, trust, or
combination described in section 1 of this chapter may sue for and
recover in any court of competent jurisdiction in this state, of any
person, persons, or corporation operating such trust or combination,
the full consideration or sum paid by him or them for any goods,
wares, merchandise, or articles, the sale of which is controlled by
such combination or trust.
(Formerly: Acts 1897, c.104, s.5.) As amended by P.L.152-1986,
SEC.4.
IC 24-1-1-5.1
Attorney general may bring action on behalf of the state or a
political subdivision
Sec. 5.1. The attorney general may bring an action on behalf of
the state or a political subdivision (as defined in IC 34-6-2-110) for
injuries or damages sustained directly or indirectly as a result of a
violation of this chapter.
As added by P.L.135-2008, SEC.1.
IC 24-1-1-5.2
Attorney general may bring action on behalf of the state or a
political subdivision
Sec. 5.2. (a) The attorney general may bring an action in a county
on behalf of the state or a political subdivision (as defined in
IC 34-6-2-110) for injuries or damages sustained directly or
indirectly as a result of a violation of this chapter.
(b) An action brought under this section may be brought, without
respect to the amount in controversy, in a circuit or superior court in
a county in which the defendant resides or is engaged in business, or
in which service may be obtained.
(c) The plaintiff in an action brought under this section is entitled
to recover a penalty of threefold the damages awarded in the action,
plus reasonable costs and attorney's fees.
As added by P.L.135-2008, SEC.2.
Indiana Code 2016
IC 24-1-1-6
Special grand jury instructions
Sec. 6. It shall be the duty of the judges of the courts of this state
specially to instruct the grand juries as to the provisions of this
chapter.
(Formerly: Acts 1897, c.104, s.6.) As amended by P.L.152-1986,
SEC.5; P.L.84-2016, SEC.100.
Indiana Code 2016
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